HomeMy WebLinkAbout1976-03-24; Planning Commission; ; CUP 101A - BANK OF AMERICA - STATUS REPORT,.
MEMORANDUM
March 24, 1976
TO:
FROM:
SUBJECT:
PLANNING COMMISSION
PLANNING DEPARTMENT
STATUS REPORT, CUP-lOlA -BANK OF AMERICA
The Planning Commission approved CUP-lOlA on January 14, 1976,
granting a conditional use permit to the Bank of America to allow the
operation of a temporary branchoffice on El Camino Real between
Hayman Drive and Marron Road.
Conditions 4 and 5 of Resolutionl214 state that:
"4) Prior to March 15, 1976,.the following improvements shall
be made or bonded for:
(a) Construction of full street improvements on El Camino
Real adjacent to the subject property;
(b) Construction of full street improvements of the shopping
center entrance on the portion adjacent to the subject
property;
(c) Construction of a water system serving the two existing
banking facilities as well as the proposed project to the
satisfaction of the Fire and Engineering Departments.
11 5) Prior to March 15, 1976, the applicant shall post a bond for
redesign and construction of existing El Camino Real intersection
improvements. This bond shall be released by the City upon satis-
faction of the City Manager that Bank of America has vacated the
site within a time period agreed upon by the City."
As of this date, Bank of America has posted bonds to conform with
these conditions. However, the Bank has not executed agreements
with the City on the use and disposition of the bonds. It is the
opinion of the City Attorney that both bonds and the improvement
agreements constitute the required security, and therefore, the
required public improvements are hot guaranteed. The applicant
has most recently been questioning why he, as opposed to the shopping
center developer, should be responsible for the traffic signal;
therefore,it appears that the applicant and the shopping center
developer have some items as yet to be resolved and that the condi-
tions will not be met in the next week or so.
A condition of the Shopping Center approval required that a parcel
map be recorded by March 15, 1976. There is considerable reluctance
by all parties (B of A, Santa Anita Developers, Azalea, Inc.) to
execute the necessary future agreements which are a condition of the
parcel map recordation. Another complication is that the tentative
parcel map approval on the subject property expires on April 1, 1976.
Application for an extension of time or a new application for tenta-
tive map approval will take several weeks which will further delay
B of A in meeting the conditions of the CUP extension:
The Planning Director has been informed of the situation, and is
pursuing the abatement of the use as directed by Condition 2 of
Resolution 1214:
"2) This Conditional Use Permit is granted for the period of
time commencing the date of final approval, and shall terminate at
any of the following times:
AM:cpl
(a) At such time as the temporary use moves into a permanent
structure:
(b) On March 15, 1976, if Conditions 4 and 5 have not been
met;
(c) On June 31, 1976, if building permits have not been
issued for a permanent structure for the temporary use;
(d) On December 31, 1976, if the temporary use has not moved
into a permanent structure.
"Should this CUP be terminated by either (b), (c), or (d),
the Planning Director shall automatically request the City
Council to instruct the City Attorney to begin legal aotion
to remove the temporary structure from the site."
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